term i want to discuss the very important ruling by the circuit court of appeals here in washington, d.c. on friday. the president violated the constitution when he made three invalid, their words, appointments. to the nlrb, how big a deal? >> i think it is a very big deal and i think it will be hard to overcome, if the administration decides to appeal it and i say that for two reasons, one, the court basically threw out these nominations, appointments to the nlrb on two grounds, principally, one was that -- and this was a ground breaking ruling, that only between sessions of congress, when congress isn't in session at all, when they are out of session and waiting for the start of another one, a recess appointment could be made and that is counter to practice that has gone on a long time and that may not be held up on appeal but the other ground which says the senate was not actually in recess, is i think the one that will be hard to -- >> having the pro forma sessions. >> every three days, and, there were appointment made when the senate was in recess, not between sessions. and, the sho